FRANCISCO ABELLA JR., petitioner, vs. CIVIL SERVICE COMMISSION, respondent

Jun 16th, 2015
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Both the appointing authority and the appointee are the real parties in interest, and both have legal standing, in a suit assailing a Civil Service Commission (CSC) order disapproving an appointment. Despite having legal interest and standing, herein petitioner unsuccessfully challenges the constitutionality of the CSC circular that classifies certain positions in the career service of the government.

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EN BANC[G.R. No. 152574. November 17, 2004]FRANCISCO ABELLA JR., petitioner, vs. CIVIL SERVICE COMMISSION, respondent.D E C I S I O NPANGANIBAN, J.:Both the appointing authority and the appointee are the real parties in interest, and both have legal standing, in a suit assailing a Civil Service Commission (CSC) order disapproving an appointment. Despite having legal interest and standing, herein petitioner unsuccessfully challenges the constitutionality of the CSC circular that classifies certain positions in the career service of the government. In sum, petitioner was appointed to a Career Executive Service (CES) position, but did not have the corresponding eligibility for it; hence, the CSC correctly disapproved his appointment.The CaseBefore us is a Petition for Review[1] under Rule 45 of the Rules of Court, challenging the November 16, 2001 Decision[2] and the March 8, 2002 Resolution[3] of the Court of Appeals (CA) in CA-GR SP No. 58987. The Assailed Decision disposed as follows:WHEREFORE, the petition for review is DENIED for lack of merit.[4]The challenged Resolution denied petitioners Motion for Reconsideration.The FactsThe CA narrates the factual antecedents in this wise:Petitioner Francisco A. Abella, Jr., a lawyer, retired from the Export Processing Zone Authority (EPZA), now the Philippine Economic Zone Authority (PEZA), on July 1, 1996 as Department Manager of the Legal Services Department. He held a civil service eligibili

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